Fergus Randolph QC’s EU/Competition Law CV

Qualifications

LLB and Licence en Droit (Aix-en-Provence)

Practice Profile

Fergus Randolph has over 20 years experience litigating and advising on matters of competition law. He has appeared in the High Court, the Competition Appeal Tribunal, the Court of Appeal, the Court of First Instance (Luxembourg) and the European Court of Justice (Luxembourg) His practice is wide-ranging, covering all aspects of EU competition law including shipping, State aid, insurance, essential facilities, intellectual property and contentious M&A work. He was involved in the first cases to come before the High Court and the Competition Appeal Tribunal on the recovery of damages in competition cases.

Recent State Aid work includes:

 Advice in relation to a  transcontinental pipeline project

Advising clients in relation to State Aid Issues flowing from OFT school's enquiry;

Advisory work relating to a complaint by Swimming Teachers Association.

Important cases include

  • B&I v Sealink: Before the Commission and Court of First Instance - interim measures involving essential facilities
  • Far Eastern Freight Conference: review of the shipping conference block exemption before the Commission and the Court of First Instance
  • DG OFT v Aberdeen Journals - OFT and Competition Appeal Tribunal
  • Hendry v. World Snooker and Billiards Association - 1st High Court action on damages for breach of Article 81 and 82
  • Arkin v. Borchard and Others - 2nd High Court action on damages for breach of Articles 81 and 82
  • Capita London Markets v. Ross - successful claim for payment of solicitors' professional indemnity insurance premium, resisted on grounds of breach of EC competition law
  • BCL and Deans v. Roche and Aventis - 1st damages case before the CAT under s.47A Competition Act 1998
  • Barclays Bank v. Havenbedrijf Rotterdam - Commercial Court dealing with the issue of inter alia unlawful State aid and the consequences thereof for the enforcement of a loan guarantee
  • Albion Water v. OFWAT - first case before the Competition Appeal Tribunal involving OFWAT; acting on behalf of United Utilities plc
  • Advised Haileybury College in the OFT investigation into private schools
  • Sportswear Company SpA v. Stonestyle - acted for the successful appellant in the Court of Appeal, allowing a defence based on Article 81 EC Treaty to a trademark infringement action to go to trial
  • Advised Primary Diets Limited in connection with an OFT investigation into the company's purchase by ABF Holdings Limited
  • Cityhook v OFT - successful appearance on behalf of NTL before the Competition Appeal Tribunal dealing with the justiciability of a decision of the OFT to close a file on administrative grounds
  • National Grid v. Ofgem - appeared for an intervener in the appeal from Ofgem's decision to fine National Grid over £40 million.
  • Advised Prince Minerals Limited in relation to its purchase of Castle Colours Limited
  • Nelsons v. Guna SpA - sought and received interim mandatory injunction, thereby overcoming EU competition arguments relied on by the Defendant; successfully argued for final order and dismissal of EU competition defence in subsequent full hearing on liability

Publications

  • He has written numerous articles on competition matters, most recently in Shipping and Transport International on the recent changes to the competition regime as it affects international shipping
  • Contributor to Competition Law and Shipping - The EMLO Guide to EU Competition Law in the Shipping and Port Industries

Legal Directory Comments

Competition/Anti-Trust

  • "Hoskins' stablemate Fergus Randolph QC earns praise for having long-standing expertise in advising on competition and European law-related matters. Randolph recently acted in Unidrug v Phoenix, a case relating to the abuse of a dominant position through refusal to supply." (Chambers UK 2012)
  • "Fergus Randolph QC appeared in Churchill Insurance v Wilkinson & Others on the compatibility of an insurer's right of recovery under English law with EU law, and is ‘pragmatic, and involved, and brings real momentum to a case'." (Legal 500 2011)
  • "Fergus Randolph QC is "not one of those barristers who likes to wrap the client up in reams of legal arguments." Instead, he takes a more practical approach, "preferring direct action to endless prevarication." Those who have seen him in court see him as "a barrister of great style." (Chambers & Partners 2011)
  • ‘valiant and extremely responsive' (Chambers & Partners 2008)
  • ‘hands-on knowledge of EC litigation procedure' ‘always coming up with new angles on a case' (Chambers & Partners 2007)
  • ‘much appreciated by solicitors for his great grasp of competition law and dogged determination in standing up for clients when litigation gets tough' (Chambers & Partners 2006)
  • ‘highly recommendable' (Chambers & Partners 2005)
  • ‘highly capable' his ‘unfailing good humour and wit prove highly infectious' (Chambers & Partners 2004)